Legal Opinion

Hendrixson v. State

Indiana Court of Appeals

Decided September 11, 1974No. 2-873A177PublishedCited by 5 opinions

1Opinion of the Court

On Petition for Rehearing

Garrard, J.

Five days after our decision denied relief in this cause, our Supreme Court decided Simmons v. State (1974), 262 Ind. 19, 310 N.E.2d 872.

Our original opinion denied defendant’s right to file a belated motion to correct errors to supplement his attack on the trial court’s denial of PCR 1 relief. This we deemed necessary under the construction that such appeals are governed by the rules of civil procedure.

In Simmons, however, the court was confronted with a belated motion to correct errors where no timely motion had been filed following the trial court’s…

2Cases cited4 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Dixon v. StateIndiana Court of Appeals · 1972
  3. Simmons v. StateIndiana Supreme Court · 1974
  4. State ex rel. Sedam v. Ripley Circuit CourtIndiana Supreme Court · 1973

3Cited by5 opinions

  1. Mosley v. StateIndiana Supreme Court · 2009
  2. Brown v. StateIndiana Court of Appeals · 1989
  3. Williams v. StateIndiana Supreme Court · 1986
  4. Smith v. StateIndiana Court of Appeals · 1977
  5. Rivera v. StateIndiana Court of Appeals · 1985

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